Section 1. K.S.A. 22-3008 is hereby
amended to read as follows: 22-
3008. (1) Whenever required by any grand jury, its presiding juror
or the
prosecuting attorney, the clerk of the court in which the jury is
impaneled
shall issue subpoenas and other process to bring witnesses to
testify before
the grand jury.

(2) If any witness duly summoned to
appear and testify before a grand
jury fails or refuses to obey, compulsory process shall be issued
to enforce
the witness' attendance, and the court may punish the delinquent in
the
same manner and upon the same proceedings as provided by law
for
disobedience of a subpoena issued out of the court in other
cases.

(3) If any witness appearing before a
grand jury refuses to testify or
to answer any questions asked in the course of the witness'
examination,
the fact shall be communicated to a district judge of the judicial
district
in writing, on which the question refused to be answered shall be
stated.
The judge shall then determine whether the witness is bound to
answer
or not, and the grand jury shall be immediately informed of the
decision.

(4) No witness before a grand jury shall
be required to incriminate
the witness' self. The district judge may, if the judge
determines that theinterest of justice requires, grant any witness before the
grand jury im-munity from prosecution or punishment on account of any
matter con-cerning which the witness shall be compelled to testify.
Prior to the grantof immunity, notice shall be given to the prosecuting
attorney whoserecommendations on the matter of the grant of immunity
shall be heardby the judge before the grant of immunity is
made.

(5) (a) The county or district
attorney, or the attorney general, atany time, on behalf of the state, and the district judge, upon
determinationthat the interest of justice requires, and after giving notice
to the prose-cuting attorney and hearing the prosecuting attorney's
recommendationson the matter, may grant in writing to any person:

(i) Transactional immunity. Any
person granted transactional im-munity shall not be prosecuted for any crime which has been
committedfor which such immunity is granted or for any other
transactions arisingout of the same incident.

(ii) Use and derivative immunity. Any
person granted use and deriv-ative use immunity may be prosecuted for any crime, but the
state shallnot use any testimony against such person provided under a
grant of suchimmunity or any evidence derived from such testimony. Any
defendantmay file with the court a motion to suppress in writing to
prevent thestate from using evidence on the grounds that the evidence was
derivedfrom and obtained against the defendant as a result of
testimony or state-ments made under such grant of immunity. The motion shall state
factssupporting the allegations. Upon a hearing on such motion, the
state shallhave the burden to prove by clear and convincing evidence that
the evi-dence was obtained independently and from a collateral
source.

(b) Any person granted immunity under
either or both of subsections(5)(a)(i) or (ii) may not refuse to testify on grounds that
such testimonymay self incriminate unless such testimony may form the basis
for a vio-lation of federal law for which immunity under federal law has
not beenconferred. No person shall be compelled to testify in any
proceeding wherethe person is a defendant.

(c) No immunity shall be granted for
perjury as provided in K.S.A.21-3805 and amendments thereto which was committed in giving
suchevidence.

(5)(6) If the
judge determines that the witness must answer and if
the witness persists in refusing to answer, the witness shall be
brought
before the judge, who shall proceed in the same manner as if the
witness
had been interrogated and had refused to answer in open court.

Sec. 2. K.S.A. 22-3102 is hereby
amended to read as follows: 22-
3102. (a) No person called as a witness at an inquisition
shall be required
to make any statement which will incriminate himsuch person. The at-torney general, assistant attorney general or county
attorney may, on be-half of the state, grant any person called as a witness at
an inquisitionimmunity from prosecution or punishment on account of any
transactionor matter about which such person shall be compelled to
testify and suchtestimony shall not be used against such person in any
prosecution for acrime under the laws of Kansas or any municipal ordinance.
After beinggranted immunity from prosecution or punishment, as herein
provided,no person shall be excused from testifying on the ground
that his testi-mony may incriminate him.

(b) The county or district attorney,
or the attorney general, may atany time, on behalf of the state, grant in writing to any
person:

(1) Transactional immunity. Any
person granted transactional im-munity shall not be prosecuted for any crime which has been
committedfor which such immunity is granted or for any other
transactions arisingout of the same incident.

(2) Use and derivative immunity. Any
person granted use and deriv-ative use immunity may be prosecuted for any crime, but the
state shallnot use any testimony against such person provided under a
grant of suchimmunity or any evidence derived from such testimony. Any
defendantmay file with the court a motion to suppress in writing to
prevent thestate from using evidence on the grounds that the evidence was
derivedfrom and obtained against the defendant as a result of
testimony or state-ments made under such grant of immunity. The motion shall state
factssupporting the allegations. Upon a hearing on such motion, the
state shallhave the burden to prove by clear and convincing evidence that
the evi-dence was obtained independently and from a collateral
source.

(c) Any person granted immunity under
either or both subsections(b)(1) or (2) may not refuse to testify on grounds that such
testimony mayself incriminate unless such testimony may form the basis for a
violationof federal law for which immunity under federal law has not
been con-ferred. No person shall be compelled to testify in any
proceeding wherethe person is a defendant.

(d) No immunity shall be granted for
perjury as provided in K.S.A.21-3805 and amendments thereto, which was committed in giving
suchevidence.

Sec. 3. K.S.A. 22-3415 is hereby
amended to read as follows: 22-
3415. (a) The provisions of law in civil cases relative to
compelling the
attendance and testimony of witnesses, their examination, the
adminis-
tration of oaths and affirmations, and proceedings as for contempt,
to
enforce the remedies and protect the rights of the parties, shall
extend
to criminal cases so far as they are in their nature applicable,
unless other
provision is made by statute.

(b) The county or district
attorney or the attorney general may at any
time, on behalf of the state, grant in writing to any person
immunity fromprosecution or punishment on account of any transaction or
matter con-tained in any statement or about which such person shall be
compelledto testify and such statement or testimony shall not be
used against suchperson in any prosecution for a crime under the laws of
Kansas or anymunicipal ordinance. After being granted immunity from
prosecution orpunishment, as herein provided, no person shall be excused
from testi-fying on the ground that his testimony may incriminate him
unless suchtestimony is a violation of federal law. He shall not be
granted immunityfrom prosecution for perjury or false statement or any
other crime com-mitted in giving such evidence.:

(1) Transactional immunity. Any
person granted transactional im-munity shall not be prosecuted for any crime which has been
committedfor which such immunity is granted or for any other
transactions arisingout of the same incident.

(2) Use and derivative immunity. Any
person granted use and deriv-ative use immunity may be prosecuted for any crime, but the
state shallnot use any testimony against such person provided under a
grant of suchimmunity or any evidence derived from such testimony. Any
defendantmay file with the court a motion to suppress in writing to
prevent thestate from using evidence on the grounds that the evidence was
derivedfrom and obtained against the defendant as a result of
testimony or state-ments made under such grant of immunity. The motion shall state
factssupporting the allegations. Upon a hearing on such motion, the
state shallhave the burden to prove by clear and convincing evidence that
the evi-dence was obtained independently and from a collateral
source.

(c) Any person granted immunity under
either or both of subsection(b)(1) or (2) may not refuse to testify on grounds that such
testimony mayself incriminate unless such testimony may form the basis for a
violationof federal law for which immunity under federal law has not
been con-ferred. No person shall be compelled to testify in any
proceeding wherethe person is a defendant.

(d) No immunity shall be granted for
perjury as provided in K.S.A.21-3805 and amendments thereto which was committed in giving
suchevidence.

Sec. 4. K.S.A. 22-3008, 22-3102 and 22-3415 are hereby
repealed.

Sec. 5. This act shall take effect and be in force
from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body